CASLPO Forum. Sudbury Sept 19 th 2017

Transcription

1 CASLPO Forum Sudbury Sept 19 th

2 Carol Bock Deputy Registrar Alexandra Carling Director of Professional Practice and Quality Assurance David Beattie Conseiller orthophonie 2

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4 CASLPO Forum Agenda CASLPO Updates Question Time Scenarios with Polling Presentation in Events Section of the Website 4

5 CASLPO Updates 5

6 caslpo.com 6

7 The BIG Picture CASLPO s Strategic Plan Oct-17 7

8 The BIG Picture Increase transparency & effectiveness Enhance quality practice Increase public awareness CASLPO s Strategic Plan Oct-17 8

9 Public Awareness Tools and Resources 9

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12 CHCH TV: Health and Wellness segment developed for We Mean Business Answers to questions about Audiology and Speech-Language Pathology Services 12

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15 Public awareness campaign next steps 15

16 Accessibility 16

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21 The BIG Picture Increase transparency & effectiveness Enhance quality practice Increase public awareness CASLPO s Strategic Plan 21

22 New Documents Practice Standard Position Statement Guide 22

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25 Key Elements Provision of Hearing Aid Services By Audiologists Four documents amalgamated into one Practice Standard Definition of Prescription, Prescribing, Verification, Dispensing and Fitting Standards developed elimination of Guidelines Competency-based Eleven FAQs added 25

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27 Key Elements: Use of Support Personnel by SLPs Definition of support personnel and clinical tasks All support personnel must be observed, but not with every patient Competency-based for SLPs and Support Personnel Clarity was provided regarding the following: authority to modify tasks and/or provide further training Communicating with others regarding patient care collecting patient information versus conducting a case history with interpretation. FAQs added 27

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29 Key Elements: Guide to Service Delivery across Diverse Cultures Revised from a Position Statement Follows a principled, patient-centered approach significantly reducing specific examples and scenarios Focusses on understanding cultural perspectives and intervention rather than different cultural groupings Uses inclusive language Guide 29

30 Documents under Review Proposed Advertising Regulation (Ministry review phase) Professional Misconduct Regulation (Ministry review phase) 30

31 Resources 31

32 Tools Consent Social Media Interprofessional Record Keeping Tools are found in the Resources section of the website. 32

33 Oct-17 33

34 Resources: Reminder Consent Tool Consent Tool 34

35 Resources: Reminder Consent Tool The Tool guides you to consider information in your consent discussions and covers different areas of practice and procedures. 35

36 CASLPO Projects 36

37 CASLPO Projects Clinical Reasoning Tool 37

38 CASLPO Projects Clinical Reasoning Tool Non-Clinical Peer Assessment Accessible regulation 38

39 CASLPO Projects Clinical Reasoning Tool Non-Clinical Peer Assessment Accessible regulation Mentorship Program 39

40 CASLPO Projects Clinical Reasoning Tool Non-Clinical Peer Assessment Accessible regulation Mentorship Program Provision of Second Opinions 40

41 CASLPO Projects Clinical Reasoning Tool Non-Clinical Peer Assessment Accessible regulation Mentorship Program Provision of Second Opinions Buying hearing aids on the internet 41

42 CASLPO Projects Clinical Reasoning Tool Non-Clinical Peer Assessment Accessible regulation Mentorship Program Provision of Second Opinions Buying hearing aids on the internet Review of PPG for Cerumen Management 42

43 CASLPO Projects Clinical Reasoning Tool Non-Clinical Peer Assessment Accessible regulation Mentorship Program Provision of Second Opinions Buying hearing aids on the internet Review of PPG for Cerumen Management Revision of structure of practice standards 43

44 LEGISLATION 44

45 Legislation Health Information Protection Act (2016): Amendments to PHIPA Improve privacy, accountability and transparency in the health care system 45

46 PHIPA Increases accountability and transparency mandatory to report privacy breaches to the Information and Privacy Commissioner and, in certain cases, to relevant regulatory colleges The requirement that prosecutions must be commenced within six months of the alleged privacy breach has been removed. 46

47 PHIPA Discourages "snooping" into patient records by increasing fines from $50,000 to $100,000 for individuals and from $250,000 to $500,000 for the organization Clarifies the authority under which health care providers may collect, use and disclose personal health information in electronic health records 47

48 PHIPA If a health information custodian (HIC) employs a regulated health care practitioner, the HIC shall give the College written notice of any of the following events within 30 days of the event occurring: 1. The employee is terminated, suspended or subject to disciplinary action as a result of the unauthorized collection, use, disclosure, retention or disposal of personal health information by the employee. 2. The employee resigns and the HIC has reasonable grounds to believe that the resignation is related to an investigation or other action by the custodian with respect to an alleged unauthorized collection, use, disclosure, retention or disposal of personal health information by the employee. 48

49 PHIPA Quality of Care Information Protection Act (QCIPA) is also amended to increase transparency and maintain quality in Ontario's health care system by: Affirming the rights of patients to access information about their own health care Clarifying that facts about critical incidents cannot be withheld from affected patients and their families 49

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51 Question Time 51

52 Scenarios PHIPA x 2 Consent and capacity Advertising Records 52

53 PHIPA Scenarios Mateo s Story 8 Year old boy with mild C.P. and speech problems affecting intelligibility Has recently moved to the Public School Board Mateo had been referred to Donna, the PSB SLP 53

54 PHIPA Scenarios During the assessment Mateo talks about Cindy, his SLP at home. Following the assessment, Donna calls home to share the assessment results with Mom and asks about Cindy. Mateo s mother states that she wants to keep home and school separate and asks Donna NOT to contact Cindy, the private SLP. 54

55 PHIPA Scenarios Donna remembers reading about the Circle of Care and wonders if she has implied consent to contact Cindy, another Health Information Custodian, as it is for the provision of health care and is definitely in Mateo s best interests. 55

56 PHIPA Scenarios Can Donna call Cindy? 56

57 Polling Question A. Yes B. No C. Not sure 57

58 PHIPA Scenarios NO Individuals are allowed to expressly withhold or withdraw consent to disclose information. Donna does not have consent from Mateo s mom to contact Cindy. Donna should counsel the mom regarding the benefits to Mateo of communicating and working with the private SLP, and that it might not be in Mateo s best interests to have two SLPs working independently. Please refer to CASLPO s Position Statement on Concurrent Information 58

59 PHIPA Scenarios Donna is asked to attend Mateo s Individual Education Plan (IEP). Three days before the meeting, Donna gets a call from Mateo s dad. He is very upset as he was not informed of the IEP meeting and he cannot attend. He wants a copy of Donna s report. Donna, who has had no previous contact with the dad, asks him about custody arrangements. At the moment, his ex-wife has sole custody, but he is in the process of going to court to get joint custody. 59

60 Polling Question What information can Donna disclose? A. Donna can immediately provide a copy of the report to Mateo s father B. Donna cannot provide a copy as the Dad does not have custodial rights C. Donna should first check to see if there are any legal restrictions from preventing Dad having a copy. If not, she can provide him with a copy. 60

61 PHIPA Scenarios This can be a complex and confusing situation. If Mom is the custodial parent Dad is known as the access parent. According to the Information and Privacy Commission s Order P-1246 (1996), the Children s Law Reform Act (1990) and the Divorce Act (1985) gives an access parent the right to be given information as to the health, education and welfare of the child. This would includes Donna s SLP report on Mateo. 61

62 PHIPA Scenarios However, if there is a court order prohibiting a parent from receiving information it must be followed. Donna can request to see the court order to determine precisely what information can be disclosed, and document in the record. 62

63 PHIPA Scenarios Much to Donna s surprise she hears from Mateo s teacher that Mateo has been placed in emergency foster care. The teacher gives Donna the contact information for the Foster parents. Donna is in a bit of a dilemma, she wants to refer Mateo to the Augmentative and Assistive Communication Clinic for an assessment to support Mateo s speech in the classroom. 63

64 Polling Question Donna has the contact information for the foster parents. Are foster parents substitute decision makers? Can they consent to disclose information regarding Mateo? A. Yes B. No C. Not sure 64

65 PHIPA Scenarios No, foster parents do not have custodial rights under HCCA or PHIPA, and they are not considered to be substitute decision makers (2) A substitute decision-maker (SDM) of an individual within the meaning of of the Health Care Consent Act, 1996 shall be deemed to be a SDM of the individual in respect of the collection, use or disclosure of personal health information about the individual if it is for the purpose of providing health care 2004, c. 3, Sched. A, s. 5 (2). 65

66 PHIPA Scenarios Hierarchy of SDMs in the Health Care Consent Act, s.21: 1. Guardian of the Person with authority for Health Decisions 2. Attorney for personal care with authority for Health Decisions 3. Representative appointed by the Consent and Capacity Board 4. Spouse or partner 5. Child or Parent or Children s Aid Society (right of custody) 6. Parent with right of access 7. Brother or sister 8. Any other relative 9. Office of the Public Guardian and Trustee 66

67 PHIPA Scenario 2 67

68 PHIPA Scenarios Lee s story Lee is a four year old boy attending Maple St. Public School. His parents are concerned about his talking and language development and contacted the local Preschool Speech and Language Centre. 68

69 PHIPA Scenarios Mrs. Sherman, is a J.K teacher at Maple St. Public School. She is concerned about Lee s speech and language and believes that he is on a waiting list at the local Preschool Speech and Language Centre. Mrs. Sherman contacts the Centre and asks whether Lee has been picked up for speech therapy or if he is still on the waiting list. The secretary forwards the call to Claire, the SLP. Lee is on the waiting list, but Claire has not spoken to Lee s parents about this request and is unsure what information she is allowed to give Mrs. Sherman. 69

70 Polling Question What information can Claire disclose? A. Claire is allowed to say if Lee is on the list, and when he will be assessed, but nothing more. B. Claire is not allowed to give any information to Mrs. Sherman. C. Claire can share all of Lee s information under the Circle of Care provision in PHIPA 70

71 PHIPA Scenarios Mrs Sherman is NOT in the Circle of Care Claire cannot give her any personal Health information. Lee s association with the Preschool Speech and Language Centre is personal health information and therefore cannot be shared without knowledgeable consent from the Patient or SDM (parent). Claire should be careful that her response does not inadvertently reveal PHI. She could offer to look at the list and consult the family if Lee is on the list. Advise Mrs. Sherman to contact the family. There may be reasons why the SDM/parents do not want this information shared with the school. 71

72 PHIPA Scenarios Mrs. Sherman contacted Donna, the SB SLP and asked her to call the Preschool Speech and Language Centre to find out more information about Lee and when he will be picked up for therapy. Donna isn t involved with Lee, but had to call the centre about another child on her caseload so was happy to ask about Lee. Claire was much more comfortable talking to Donna, as Donna is a regulated health professional, and therefore an HIC, as well as a good friend. 72

73 Polling Question What information can Claire disclose? A. Claire is allowed to say if Lee is on the list, and when he will be assessed, but nothing more. B. Claire can share all of Lee s information under the Circle of Care provision in PHIPA because Donna is a School Board SLP and a HIC C. Claire is not allowed to give any information to Donna as Donna does not have a referral for Lee. 73

74 PHIPA Scenarios Donna is not in the Circle of Care as Lee has not been referred to her for SLP services. She is also not calling Claire for the purposes of providing healthcare (SLP) Services. Consent must be knowledgeable. Lee s parents have not given consent to disclose personal health outside the circle of care. 74

75 PHIPA Scenarios Donna reports back to Mrs. Sherman and recommends that Mrs. Sherman contact Lee s parents to get a referral for SLP in the School. Mrs. Sherman gets on to this straight away, and the referral is made to Donna. Donna calls Lee s parents to explain her services and gets consent to assess Lee. During the assessment Lee says that he has seen the books and toys before. Donna stops the assessment, calls Lee s mom, but cannot get in touch with her. 75

76 PHIPA Scenarios Donna calls Claire to find out if Lee has been assessed at the Preschool Speech and Language Centre. Claire assessed Lee s speech and language skills a week ago and has a copy of her report. 76

77 Polling Question What information can Claire disclose? A. Claire is allowed to say if Lee has been assessed, but nothing more. B. Claire can share all of Lee s information under the Circle of Care provision in PHIPA because Donna is a School Board SLP and a HIC C. Claire is not allowed to give any information to Donna as Donna does not work at the Speech and Language Centre. 77

78 PHIPA Scenarios Circle of Care 6 conditions for assumed implied consent: 1) HIC that is entitled to rely on assumed implied consent 2) The PHI must have been received from the individual, SDM or another HIC 3) The PHI was collected, used and disclosed for the purposes of providing health care 4) The HIC must use the PHI for the purposes of providing health care 5) Disclosure of PHI from one HIC must be to another HIC 6) The receiving HIC must not be aware that the individual has expressly withheld or withdrawn consent 78

79 Polling Question What information can Claire disclose? A. Claire is allowed to say if Lee has been assessed, but nothing more. B. Claire can share all of Lee s information under the Circle of Care provision in PHIPA because Donna is a School Board SLP and a HIC C. Claire is not allowed to give any information to Donna as Donna does not work at the Speech and Language Centre. 79

80 Consent to Treat Scenario 80

81 HCCA Consent Scenario: Pari, the SLP from Metro General Hospital, has been asked to do a swallowing assessment with a patient who has been admitted with a severe head injury and no known relatives or SDM. Pari meets the patient and quickly establishes that he does not have the capacity to consent to her assessment. She informs the charge nurse that she first needs consent from a SDM. The charge nurse is very frustrated as oral medications are being held until the results of the swallow assessment. 81

82 Polling Question Can Pari assess the patient? A. It is in the best interests of the patient to have a swallowing assessment so that medication can be given- Pari should proceed. B. Pari has not received consent from the patient or the SDM she should not proceed. C. This is an emergency - Pari can proceed. 82

83 HCCA Consent Scenario: Can Pari assess? Answer: B. Pari has not received consent from the patient or the SDM, and the patient can receive medication via I.V. she should not proceed. C. This is an emergency - Pari can proceed. 83

84 CONSENT Consent is Not Required for Emergency Services There is an emergency if the person for whom the treatment is proposed is apparently experiencing severe suffering or is at risk, if the treatment is not administered promptly, of sustaining serious bodily harm. (Health Care Consent Act 1996, c. 2, Sched. A, s. 25 (1).) 84

85 HCCA Consent Scenario: Consider: Is this an emergency? Is the patient at risk? 85

86 HCCA Consent Scenario: If Pari, after consultation with the charge nurse, decides that the patient is at risk, she MUST document that the swallowing assessment took place without consent. If Pari does not believe that the patient is at risk, she should work with the team to identify a SDM. The team can contact the Office of the Public Guardian and Trustee (OPGT) for advice. The OPGT has a Treatment Decision Unit. 86

87 Advertising Scenario 87

88 Advertising Scenario Li is an audiologist opening up a private practice in a small town. He wants to advertise his services and looks on audiology services websites for ideas. He creates a list of advertising ideas but wants to ensure that they comply with the legislation and regulations. 88

89 Advertising Scenario Li s list of possible advertising approaches: 1. Testimonials from grateful patients and family members 2. Endorsements from other professionals 3. Narratives about the benefits of consulting an audiologist 4. Survey results about his services 5. Free hearing testing 6. Pamphlets for Doctors and Dentists offices 89

90 Testimonials A. Yes B. No C. Not sure 90

91 Testimonials No Proposed Advertising Regulation (2013) 2 (1) An advertisement with respect to a member s practice must not contain: g) a testimonial by a patient or client or former patient or client or any of their friends or relatives; 91

92 Endorsements A. Yes B. No C. Not sure 92

93 Endorsements YES, but... Proposed Advertising Regulation (2013) Only if the organization or individual proposing to endorse a member or a member s services: has the expertise relevant to the subject matter of the endorsement; and has appropriately assessed the member as providing quality care; (2 (1) f) 93

94 Narratives A. Yes B. No C. Not sure 94

95 Narratives YES, but... It must not be false or misleading (Proposed Advertising Reg. 2 (1) a) ) It must not include any identifiable personal health information (PHIPA) It cannot be a testimonial 95

96 Survey Results A. Yes B. No C. Not sure 96

97 Survey Results YES, but... Proposed Advertising Regulation (2013) They must not be false or misleading (2 (1) a) ) They can be verified (2 (1) b) ) They must not be testimonials 97

98 Free Hearing Test A. Yes B. No C. Not sure 98

99 Free Hearing Test YES, but... Make sure that it is free and that you or the company does not recoup the cost elsewhere The patient does not feel coerced into continuing with your services because it was free 99

100 Pamphlets A. Yes B. No C. Not sure 100

101 Pamphlets Yes... Proposed Advertising Regulation (2013) The content is not distasteful, undignified, unethical or unprofessional. (2 (1) i) ) It does not contain anything that may be reasonably regarded as a representation that the member s practice may be superior to that of another member s practice or another member (2 (1) c) ) 101

102 Advertising Scenario Li consults the Proposed Advertising Regulation and is taken with Advertising Regulation 2 (4) An advertisement must be readily comprehensible to the persons to whom it is directed. 102

103 Records Scenario 103

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105 RECORDS To understand and apply the regulation, examine the basics: What is a Record and what is its purpose? 105

106 RECORDS Official record of events documenting your assessments, plans of care, interventions and clinical decisions and the patient s progress i.e. who did what, why, where, when and to whom 106

107 RECORDS Purpose is to protect the public by ensuring minimum standards and supporting safe and ethical practice across all service settings CASLPO Accessible Complete Correct Retained Member Vehicle of reliable communication Clinical judgement Demonstrate accountability Risk management 107

108 RECORDS As a member you must adhere to record keeping (electronic or paper) and record retention requirements. Records Regulation 2015 Not all record systems fulfill these requirements, for example, an OSR. A separate records system may be necessary. This is still a health record, and all legislation, regulations and standards of practice apply. 108

109 Scenario: Record Keeping Community SLP The intake process at Ontario Aphasia Centre is as follows: Michael, the SLP, and Dee, the Social Worker, review the referral and any accompanying documentation. Both professionals carry out a joint assessment. They meet the patient and family together. Michael administers a communication assessment with the patient while Dee meets with the family to go through a coping checklist. Michael and Dee meet and they decide who will write the report; usually they take it in turns. 109

110 Does this comply with the CASLPO Records Regulation? A. Yes B. No C. Not sure 110

111 Scenario: Record Keeping Community SLP Michael is a regulated health professional, Dee is regulated, but she is not a health professional and is governed by different legislation (Social Work Act). Records Regulation 30 (2) However, if a member is practising the profession in collaboration with any other person, the member shall take reasonable steps to ensure that the records are up to date and made, used, maintained, retained and disclosed in accordance with this Regulation. Michael must ensure that the record is maintained, e.g., the background history, assessment information, recommendations, referrals to health professionals etc. is in patient record. 111

112 Scenario: Record Keeping Community SLP A report is not required by the Records Regulation. Patient Health Records must contain: i. each assessment relating to the patient, ii. each clinical finding relating to the patient, iii. any recommendation made by the member to the patient, iv. each treatment performed, and v. any advice given to the patient, including any pre-treatment or post-treatment advice, and the identity of the person who gave the advice if that person was not the member. Records Regulation 32, 2) 5 Dee can write a joint report, which Michael must review. 112

113 Scenario: Record Keeping Community SLP Dee leaves the Aphasia Centre and is replaced by Sondra who is a psychologist and a regulated health professional. (4) Despite subsections (2) and (3), a member is not required to maintain a patient health record in either of the following circumstances: 1. The member is part of a multi-disciplinary team whose purpose is to provide a treatment plan, a report or ongoing services to a patient and the patient s health record is maintained by a person who is part of the team and who is a member of a College under the Regulated Health Professions Act, Sondra can write the report or make a patient record notation on behalf of Michael and herself. 113